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2004 Supreme(Guj) 326

P.B.MAJMUDAR
GANESH COTTON AGENT – Appellant
Versus
GALDOS S. J. – Respondent


Advocates Appeared: AMRITA THAKORE, ARCHANA R ACHARYA, DHAVAL D.VYAS, FALGUNI M.JOSHI, R.S.SANJANWALA

P. B. MAJMUDAR, J.

( 1 ) THOUGH this application apparently looks as an innocuous application for recalling the order dated 11. 7. 2000, dismissing Civil Revision Application No. 1672 of 1980 for default, on closer scrutiny, it is found that the application is not bona fide and genuine. Normally, when a matter is dismissed for default by this Court, a liberal view is required to be taken, for setting aside the order, dismissing the matter for default, and for restoring the matter to file. But, so far as the facts of the present case are concerned, in my view, this is not a case in which this Court would like to exercise its discretion by allowing this Miscellaneous Civil application.

( 2 ) THE facts leading to the filing of this M. C. A. are as under :- respondent No. 1 instituted a suit, being Regular civil Suit No. 106 of 1972, which was filed in the Court of Civil Judge (Junior Division) at Bharuch. The said suit was filed against one Ganesh Cotton Agent, a partnership firm and the partners of the said firm were also joined as defendants in the said suit. Respondent no. 2 herein, Dhansukhlal Bhogilal Nanavati, was one of the partners of the said firm. Since he has died, his heirs













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